Subdivision 1. Acts prohibited. (a) A person may not take wild animals with a firearm or by archery:
(1) when the person is under the influence of alcohol;
(2) when the person is under the influence of a controlled substance, as defined in section 152.01, subdivision 4;
(3) when the person is under the influence of a combination of any two or more of the elements in clauses (1) and (2);
(4) when the person's alcohol concentration is 0.08 or more;
(5) when the person's alcohol concentration as measured within two hours of the time of taking is 0.08 or more; or
(6) when the person is under the influence of an intoxicating substance as defined in section 169A.03, subdivision 11a, and the person knows or has reason to know that the substance has the capacity to cause impairment.
(b) An owner or other person having charge or control of a firearm or bow may not authorize or permit an individual the person knows or has reason to believe is under the influence of alcohol or a controlled substance, as provided under paragraph (a), to possess the firearm or bow in this state or on a boundary water of this state.
(c) A person may not possess a loaded or uncased firearm or an uncased bow afield under any of the conditions in paragraph (a).
Subd. 2. Arrest. A peace officer may arrest a person for a violation under subdivision 1 without a warrant upon probable cause, without regard to whether the violation was committed in the officer's presence.
Subd. 3. Preliminary screening test. When an officer authorized under subdivision 2 to make arrests has reason to believe that the person may be violating or has violated subdivision 1, paragraph (a) or (c), the officer may require the person to provide a breath sample for a preliminary screening test using a device approved by the commissioner of public safety for this purpose. The results of the preliminary screening test must be used for the purpose of deciding whether an arrest should be made under this section and whether to require the chemical tests authorized in section 97B.066, but may not be used in any court action except: (1) to prove that a test was properly required of a person under section 97B.066, or (2) in a civil action arising out of the operation of a firearm or bow and arrow. Following the preliminary screening test, additional tests may be required of the person as provided under section 97B.066. A person who refuses a breath sample is subject to the provisions of section 97B.066 unless, in compliance with that section, the person submits to a blood, breath, or urine test to determine the presence of alcohol or a controlled substance.
Subd. 4. Evidence. In a prosecution for a violation of subdivision 1, paragraph (a) or (c), or an ordinance in conformity with it, the admission of evidence of the amount of alcohol or a controlled substance in the person's blood, breath, or urine is governed by section 169A.45.
Subd. 5. Penalties. (a) A person who violates a prohibition in subdivision 1, or an ordinance in conformity with it, is subject to the penalties provided in section 97A.331.
(b) A person who hunts during the period the person is prohibited from hunting under subdivision 6 is guilty of a misdemeanor.
Subd. 6. Hunting privileges suspended. Upon conviction, and in addition to any penalty imposed under subdivision 5, the person is subject to the limitations on hunting provided in section 97A.421.
Subd. 7. Duties of commissioner. The court shall promptly forward to the commissioner copies of all convictions and criminal and civil penalties imposed under subdivision 5 and section 97B.066, subdivision 2. The commissioner shall notify the convicted person of the period during which the person is prohibited from hunting under subdivision 6 and section 97A.421. The commissioner shall also periodically circulate to appropriate law enforcement agencies a list of all persons who are prohibited from hunting under subdivision 6 and section 97A.421.
Subd. 8. Immunity from liability. The state or political subdivision that employs an officer who is authorized under subdivision 2 to make an arrest for violations of subdivision 1 is immune from any liability, civil or criminal, for the care or custody of the hunting equipment in the physical control of the person arrested if the officer acts in good faith and exercises due care.
1986 c 386 art 2 s 14; 1987 c 149 art 1 s 45; 1992 c 570 art 5 s 1; 1Sp1997 c 2 s 67; 2000 c 478 art 2 s 7; 2002 c 323 s 7-9; 2004 c 283 s 1; 2018 c 195 art 3 s 1
Structure Minnesota Statutes
Chapters 97 - 102 — Game And Fish
Section 97B.002 — Civil Trespass.
Section 97B.005 — Training Dogs.
Section 97B.011 — Dogs Pursuing Big Game.
Section 97B.015 — Firearms Safety And Wildlife Identification Course.
Section 97B.020 — Firearms Safety Certificate Required.
Section 97B.021 — Possession Of Firearms By Persons Under Age 16.
Section 97B.0215 — Parent Or Guardian Responsibility; Violation.
Section 97B.022 — Apprentice-hunter Validation.
Section 97B.025 — Hunter And Trapper Education.
Section 97B.026 — Trapper Education Certificate; Requirement.
Section 97B.031 — Use And Possession Of Firearms.
Section 97B.035 — Restrictions On Archery Equipment.
Section 97B.036 — Crossbow Hunting During Firearms Season.
Section 97B.037 — Crossbow Hunting; Age 60 Or Over.
Section 97B.041 — Possession Of Firearms And Ammunition Restricted In Deer Zones.
Section 97B.045 — Transporting Firearms.
Section 97B.051 — Transporting Archery Bows.
Section 97B.055 — Discharging Firearms And Bows And Arrows.
Section 97B.063 — Hunter Satisfaction Survey.
Section 97B.065 — Hunting While Under Influence Of Alcohol Or Controlled Substance.
Section 97B.066 — Chemical Testing.
Section 97B.071 — Clothing Requirements; Blaze Orange Or Blaze Pink.
Section 97B.075 — Hunting Restricted Between Evening And Morning.
Section 97B.081 — Using Artificial Lights To Locate Animals.
Section 97B.085 — Using Radios To Take Animals.
Section 97B.086 — Possessing Night Vision Or Thermal Imaging Equipment.
Section 97B.091 — Using Motor Vehicles To Chase Wild Animals Prohibited.
Section 97B.095 — Disturbing And Taking From Burrows And Dens.
Section 97B.099 — Prohibited Hunting Methods.
Section 97B.101 — Hunting With Ferrets Prohibited.
Section 97B.105 — Hunting By Falconry.
Section 97B.1055 — Hunting By Persons With A Permanent Physical Or Developmental Disability.
Section 97B.106 — Crossbow Permits For Hunting And Fishing.
Section 97B.111 — Special Firearm Hunting Seasons For Physically Disabled.
Section 97B.112 — Special Hunts.
Section 97B.115 — Computer-assisted Remote Hunting Prohibited.
Section 97B.201 — No Open Season For Caribou Or Antelope.
Section 97B.205 — Using Dogs And Horses To Take Big Game Prohibited.
Section 97B.207 — Using Dogs To Locate Wounded Deer Or Bear.
Section 97B.211 — Hunting Big Game By Archery.
Section 97B.22 — Collecting Antler Sheds.
Section 97B.301 — Deer Licenses And Limits.
Section 97B.303 — Venison Donations.
Section 97B.305 — Commissioner May Limit Number Of Deer Hunters.
Section 97B.311 — Deer Seasons And Restrictions.
Section 97B.318 — Arms Use Areas And Restrictions; Regular Firearms Season.
Section 97B.321 — Snares, Traps, Set Guns, And Swivel Guns Prohibited.
Section 97B.325 — Deer Stand Restrictions.
Section 97B.326 — Stands And Blinds On Public Lands.
Section 97B.327 — Report; Deer Other Than White-tailed Or Mule.
Section 97B.328 — Baiting Prohibited.
Section 97B.401 — Bear License Required; Application.
Section 97B.405 — Commissioner May Limit Number Of Bear Hunters.
Section 97B.411 — Bear Season And Restrictions.
Section 97B.415 — Taking Bear To Protect Property.
Section 97B.421 — Permit Required To Snare Bears.
Section 97B.425 — Baiting Bears.
Section 97B.426 — Baiting Bear; Use Of Drum.
Section 97B.431 — Bear-hunting Outfitters.
Section 97B.501 — Moose License Required.
Section 97B.505 — Moose Season And Restrictions.
Section 97B.516 — Plan For Elk Management.
Section 97B.601 — Small-game Licenses.
Section 97B.603 — Taking Small Game By Party.
Section 97B.605 — Commissioner May Restrict Taking Small Game Animals.
Section 97B.641 — Cougar, Lynx, And Wolverine.
Section 97B.646 — Wolf Management.
Section 97B.647 — Taking Wolves.
Section 97B.648 — Wolves; Unlawful Taking; Penalty.
Section 97B.651 — Unprotected Mammals And Birds.
Section 97B.655 — Taking Animals Causing Damage.
Section 97B.657 — Taking Wild Animals To Protect Public Safety.
Section 97B.661 — Removing Beaver From State Lands.
Section 97B.665 — Beaver Dams; Threats To Safety Or Property.
Section 97B.668 — Game Birds Causing Damage.
Section 97B.671 — Predator-control Program.
Section 97B.701 — Protected Birds.
Section 97B.705 — Restrictions On Trapping Birds.
Section 97B.716 — Prairie Chickens.
Section 97B.721 — License Required To Take Turkey; Tagging And Registration Requirements.
Section 97B.722 — Possessing Firearms; Hunting Turkey.
Section 97B.723 — Commissioner May Limit Number Of Turkey Hunters.
Section 97B.725 — Guiding Hunters.
Section 97B.731 — Migratory Birds.
Section 97B.801 — Minnesota Migratory-waterfowl Stamp Required.
Section 97B.802 — Special Canada-goose Season; License Required.
Section 97B.805 — Restrictions On Method Of Taking Waterfowl On Water.
Section 97B.811 — Decoys And Blinds On Public Lands And Waters.
Section 97B.901 — Registration And Tagging Fur-bearing Animals.
Section 97B.903 — Use Of Body-gripping Traps.
Section 97B.905 — Fur Dealer's Licenses.
Section 97B.9251 — Beaver Season.
Section 97B.926 — Pine Marten And Fisher Zone.
Section 97B.928 — Identifying Traps And Snares.
Section 97B.931 — Tending Traps.
Section 97B.941 — Tampering With Traps.
Section 97B.945 — Setting Traps Near Water Restricted.
Section 97B.951 — Use Of Snares To Take Unprotected Mammals.